¨É½þÉ®úÉ¹]Åõ ¶ÉÉºÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, VÉÉxÉä´ÉÉ®úÒ 30, 2016/¨ÉÉPÉ 10, ¶ÉEäò 1937

1
RNI No. MAHENG/2009/35528

¨É½þÉ®úÉ¹]Åõ ¶ÉÉºÉxÉ ®úÉVÉ{ÉjÉ
+ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö

´É¹ÉÇ 2, +ÆEò 9]

¶ÉÊxÉ´ÉÉ®úú, VÉÉxÉä´ÉÉ®úÒ 30, 2016/¨ÉÉPÉ 10, ¶ÉEäò 1937

[ {ÉÞ¹`äö 16, ËEò¨ÉiÉ : ¯û{ÉªÉä 27.00

+ºÉÉvÉÉ®úhÉ Gò¨ÉÉÆEò 11
|ÉÉÊvÉEÞòiÉ  |ÉEòÉ¶ÉxÉ
¨É½þÉ®úÉ¹]Åõ  Ê´ÉvÉÉxÉ¨ÉÆb÷³ýÉSÉä  +ÊvÉÊxÉªÉ¨É  ´É  ®úÉVªÉ{ÉÉ±ÉÉÆxÉÒ  |ÉJªÉÉÊ{ÉiÉ  Eäò±Éä±Éä  +vªÉÉnäù¶É  ´É  Eäò±Éä±Éä  Ê´ÉÊxÉªÉ¨É
+ÉÊhÉ Ê´ÉÊvÉ ´É xªÉÉªÉ Ê´É¦ÉÉMÉÉEòbÚ÷xÉ +É±Éä±ÉÒ Ê´ÉvÉäªÉEäò (<ÆOÉVÉÒ +xÉÖ´ÉÉnù).

In pursuance of clause (3) of article 348 of the Constitution of India, the following
translation  in  English  of  the  Maharashtra  Paramedical  Council  Act,  2011  (Mah.  Act
No.  VI  of  2016),  is  hereby  published  under  the  authority  of  the  Governor.

By  order  and  in  the  name  of  the  Governor  of  Maharashtra,

RAJENDRA G. BHAGWAT,
Draftsman-cum-Joint Secretary
to  Government,
Law and Judiciary Department.

MAHARASHTRA ACT No. VI OF 2016.

(First published, after having received the assent of the President in the
“Maharashtra Government Gazette”, on the 30th January 2016).

An  Act to  provide  for  the  establishment  of  a  Paramedical  Council  to
regulate certain  matters  in  the  State  pertaining  to  registration  of
paramedical practitioners  and  for  matters  connected  therewith  or
incidental thereto.

WHEREAS, it is expedient to provide for the establishment of the
Maharashtra Paramedical Council, to regulate certain matters in the
State  pertaining to  the  registration  of paramedical  practitioners  and
for  matters  connected  therewith  or  incidental  thereto;  it  is  hereby
enacted in the Sixty-second  Year of the Republic of India as follows :—

¦ÉÉMÉ +É` 11---1

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CHAPTER I

PRELIMINARY.

Short title,
extent  and
commence-
ment.

1.

(1) This Act may be called the Maharashtra Paramedical Council

Act, 2011.

( 2)  It  extends  to  the  whole  of  the  State  of  Maharashtra.

(3)  It shall  come  into  force on  such  date  as the  State  Government

may, by notification in the Official Gazette,  appoint.

Definitions.

2.    In  this  Act,  unless  the  context  otherwise  requires,—

(a)  “Council”  means  the  Maharashtra  Paramedical  Council

established  under  section  3;

(b) “Government ’’ or ‘‘ State Government” means the Government

of Maharashtra;

(c)  “member”  means  a  member  of  the  Council;

(d)  “paramedical  qualification”  means  any  degree,  diploma,
certificate  or  course,  by  whatever  name  called,  specified  in  the
Schedule and any  recognized qualification designed to train a person
in  providing  services  ancillary  to,  or  required  as  assistance  in  the
teaching or practice of modern scientific medicine, Ayurvedic System,
Unani  System  and Homoeopathic  System  of  Medicine  and  such
other  qualifications,  as  may  be  notified  by    the  Government,
as  recognized    paramedical  qualifications,    from  time  to  time;

(e)  “prescribed”  means  prescribed  by  rules;

(f)  “President”  means  the  President  of  the  Council;

( g) “recognized paramedical institution” means any medical college
or hospital or other institution recognized  for the purposes of this
Act, for conducting paramedical practices ;

(h) “recognized paramedical qualification” means a degree, diploma,
certificate or course in any paramedical qualification, by whatever
name  called,  granted    by  the  Maharashtra  University  of  Health
Sciences,  Nashik or any other University established by law or any
other institution recognized by the State Government in this behalf;

(i) “registered paramedical practitioner ” means a person registered

under  section  26;

( j)  “regulations”  means  the  regulations  made  by  the  Council

under  section  41;

(k)  “rules”  means  the  rules  made  under  section  40;

(l)  “Schedule”  means  the  Schedule  appended  to  this  Act;

(m) “State Register” means a Register maintained under section
26  and  the  expressions  “registered”  and  “registration”  shall  be
construed accordingly;

(n)

“Vice-President”  means  the  Vice-President  of  the  Council.

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3

CHAPTER II

ESTABLISHMENT AND CONSTITUTION OF THE MAHARASHTRA
PARAMEDICAL COUNCIL.

3.

(1)  The  Government  shall,  as  soon  as  may  be,  after  the
commencement  of  this  Act,  establish  by  notification  in  the Official
Gazette, a Council to be called  the Maharashtra  Paramedical Council
with  effect  from  such  date  as  may  be  specified  therein.

Establishment
o f
Maharashtra
Paramedical
Council.

(2)  The Council established under sub-section (1), shall be a body
corporate by the name aforesaid, having  perpetual succession and a
common  seal,  with  power  to  acquire,  hold  and  dispose  of  property,
both  movable  and  immovable,  and  to  contract,  and  may,  sue  or  be
sued  by  its  corporate  name.

4.

(1)  The Council shall consist of the following members, namely:—
(i) The Director,  Medical Education and  Research, Maharashtra,

Constitution
of    Council.

ex-officio member;

(ii) The  Director,  Health  Services,  Maharashtra, ex-officio

member;

(iii) The  Director, Ayurveda,  Maharashtra, ex-officio member;
(iv) The  Vice-Chancellor,  Maharashtra  University  of  Health

Sciences  or  his  nominee, ex-officio member;

(v) The President of the Maharashtra Medical Council, ex-officio

member;

(vi) five  members  to  be  nominated  by  the  Government;
(vii) six  members  to  be  elected  from  amongst  the  registered
paramedical  practitioners, one from each revenue division, in such
manner,  as  may  be  prescribed :
Provided that, in the case of constitution of the Council for the first
time,  after  the  commencement  of  this  Act,  the  members  under  this
category  shall  be  appointed  by  nomination  by  the  Government.

(2)    No person  shall  at  the same  time  serve  as  a member  in  more

than  one  capacity.

(3) The President and Vice-President of the Council shall be elected

by  the  members  from  amongst  themselves.

5.

(1) The Government shall, by notification in the Official Gazette,

publish  the  names  of  the  elected  and  nominated  members.

(2)  Save  as  otherwise  provided  in  this  Act,  a  member,  whether
elected  or  nominated,  shall  hold  office  for  a  term  of  five  years
commencing  from  the  date  of  the    first  meeting  of  the  Council :

Provided that, the members nominated under the proviso to clause
(vii)  of  sub-section  (1)  of  section  4  shall  hold  office  till  the  elected
members  have  entered  their  offices,  and  the  members  so  elected,
shall  continue  in  the  office  for  the  unexpired  term  of  the  nominated
members  under  the  said  clause  (vii).

Term  of
office  of
nominated
and  elected
members
and
nominee.

¦ÉÉMÉ +É` 11---1+

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(3) The President and Vice-President of the Council shall hold office
from  the  date  of  their  election,  upto  the  day  on  which  their  term  of
office  as  a  member  expires.

(4)    The  nominee  of  the  Vice-Chancellor  of  the  Maharashtra
University  of  Health  Sciences  nominated  under  clause  (iv)  of  sub-
section (1)  of  section  4  shall  hold  office  of  a  member,  in  the  absence
of  the  Vice-Chancellor.

(5) Notwithstanding  anything  contained  in  sub-section  (2),  an
outgoing  member  shall  continue  in  the  office  till  the  nomination  or
election,  as  the  case  may  be,  of  his  successor.

(6) Leave of absence may be granted by the Council to any member

for  a  period  not  exceeding  six  months.

Disquali-
fications.

6. A person shall be disqualified for being nominated or elected as,

and  for  continuing  as,  a  member,—

(a)  if    he  is  not  a  citizen  of  India;
(b)  if  he  is  an  undischarged  insolvent;
(c) if he is, or becomes of, unsound mind and stands so declared

by  a  competent  court;

(d) if he is, or has been convicted of any offence involving moral

turpitude;

(e)  if  he  is  an  employee  of  the  Council  and  is  remunerated  by

salary  or  honorarium;  or

(f)  if  his  name  has  been  removed  from  the  State  Register,  or
from  the  Register  of  Medical, Ayurveda, Unani  or  Homoeopathic
practitioners, under any Act for the time being in force and has not
been  re-entered  therein.

Resignation
by
nominated
or  elected
member.

7. (1) The President or the Vice-President or a nominated member
may at any time resign his office, by submitting a letter of resignation
to the Government, under intimation to the Registrar of the Council.
The resignation shall take effect from the date on which it is accepted
by  the  Government.

Office  of
absent  or
disqualified
member  to
be  declared
vacant.

(2)  An  elected  member  may  at  any  time  resign  his  office  by
submitting  a  letter  of  resignation  to  the  President,  under  intimation
to the Government.  Every such resignation shall take effect from the
date  on  which  it  is  accepted  by  the  President.

8.

(1) If  any  member  other  than ex-officio  member,  during  the

term  of  his  office,—

(a) absents himself from three consecutive meetings of the Council,
without  the  leave  of  the  Council  granted  under  sub-section  (6)  of
section  5;  or

(b)  remains out of India for a period exceeding twelve consecutive

months;  or

(c) becomes  or is found to be subject to any of the disqualifications

mentioned  in  section  6,

the  Council  shall  declare  his  office  vacant :

¨É½þÉ®úÉ¹]Åõ ¶ÉÉºÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, VÉÉxÉä´ÉÉ®úÒ 30, 2016/¨ÉÉPÉ 10, ¶ÉEäò 1937

5

Provided that, no declaration shall be made under this sub-section
unless a reasonable opportunity of being heard is given to the member
concerned.

(2)  Any  member  aggrieved  by  a  declaration  under  sub-section  (1)
may,  prefer  an  appeal  to  the  Government  in  the  manner  prescribed
within ninety days from the date of such declaration and the decision
of  the  Government  thereon  shall  be  final.

9. Any casual vacancy, before the expiry of the term of a member,
other than an ex-officio member, caused by reason of death, resignation,
disqualification,  disability  or  any  cause,  shall  be  filled  in,  as  soon  as
may be, by nomination or election, as the case may be, and the person
so  nominated  or  elected  shall  hold  the  office  for  the  unexpired  term
of  his  predecessor.

Filling  up
of  casual
vacancies.

CHAPTER III

CONDUCT OF BUSINESS OF COUNCIL.

10.

(1)  The  President  shall  convene  and  fix  the  date  of  every

meeting,  which  may  either  be  ordinary  or  special.

Convening
of  meeting.

(2)  A  notice  of  every  meeting,  specifying  the  date,  time  and  place
thereof and the business to be transacted thereat, shall be dispatched
to  every  member  fifteen  clear  days  before  an  ordinary  meeting  and
seven  clear  days  before  a  special  meeting.

(3)  No  business  other  than  that  specified  in  the  notice  shall  be
transacted at a meeting except with the permission of the President.

11. The  President  may,  if  he  thinks  fit,  within  a  period  of  not
more than two weeks of the receipt of a written requisition, signed by
not  less  than  seven  members  call  a  special  meeting.

Power  of
President  to
call  special
meeting.

12. The President when present shall preside over every meeting
of  the  Council.    If  at  any  meeting  the  President  is  absent,  then  the
Vice-President, and in the absence of both, some other member elected
by the members present, from amongst themselves, shall preside over
such  meeting.

Presiding
over
meeting.

13. Except as otherwise provided by or under this Act, all questions
at a meeting of the Council shall be decided by a majority of the votes
of the  members present  and voting  at the  meeting and  in case  of an
equality of  votes, the  presiding authority at  a meeting  shall exercise
a  second  or  a  casting  vote.

Decision  of
question  by
majority  of
votes.

14.  The procedure for adjournment of, quorum at and recording of
minutes of meeting of the Council shall be such as may be prescribed.

15. No act or proceedings of the Council shall be invalid merely by

reason  of,—

Procedure
of  meeting
of  Council.

Validity  of
proceedings.

(a)  any  vacancy  or  defect  in  the  constitution  thereof  ;  or

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(b)  any  defect  in  the  election  or  nomination  of  a  person  as  a

member  thereof  ;  or

(c)  any  irregularity  in  its  procedure  not  affecting  the  merits  of

the  case.

Allowances
to
members.

16.

(1) There  shall  be  paid  to  the  President,  the  Vice-President
and other members, such allowances for attendance at meetings and
such reasonable travelling  and other allowances, as may be prescribed.

(2) No member shall be entitled to any payment from the Council

other  than  the  payment  as  specified  under  sub-section  (1).

Powers  of
Council  to
invite  any
person
having
special
knowledge
or
experience.

17.

(1) The Council may, if deemed appropriate or necessary, invite
any  person  having  special  knowledge  or  experience  in  paramedical
field  or  related  studies  or  practice,  or  in  other  fields  relevant  to  the
objects  and  functions  of  the  Council,  to  any  of  its  meetings.    Such
person  shall  have  the  right  to  take  part  in  the  discussions  but  shall
have  no  right  to  vote.

(2)   Such  invitee  shall  be  entitled  to  receive  such  travelling  and
other allowances as are specified under section 16 for the purpose of
attending  the  meeting.

Committees.

18.

(1) The Council may appoint from time to time, and for such
period,  a  committee  or  committees  consisting  of  such  number  of  its
members  as  it  may  think  fit  and  may  refer  to  such  committee  or
committees for enquiry and report or for opinion, any matter for the
purposes  of  this  Act.

(2) Every  committee  appointed  under  sub-section  (1)  shall,  at  its

first  meeting,  select  one  of  its  members  to  be  its  President.

(3) The  mode  of  appointment  of  such  committee,  the  summoning
and  holding  of  meetings  and  conduct  of  business  of  such  committee
shall  be  such  as  may  be  determined  by  regulations.

(4) The  President  of  such  committee,  if  deemed  appropriate  or
necessary,  may  invite  any  person  having  special  knowledge  or
experience in the subject with  the committee, to any of its meetings,
and  in  that  case  the  provision  of  section  17    shall  apply.

CHAPTER IV

POWERS AND FUNCTIONS OF COUNCIL.

Powers  and
functions  of
Council.

19.

(1) Subject  to  the  provisions  of  this  Act  and  the  rules  made
thereunder, the Council shall exercise such powers and perform such
functions  as  may  be  necessary  for  carrying  out  the  purposes  of  this
Act.

¨É½þÉ®úÉ¹]Åõ ¶ÉÉºÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, VÉÉxÉä´ÉÉ®úÒ 30, 2016/¨ÉÉPÉ 10, ¶ÉEäò 1937

7

(2) In  particular  and  without  prejudice  to  the  generality  of  the
foregoing  provisions,  the  powers  and  functions  of  the  Council  shall
be  —

(a) to  maintain  the  State  Register  ;
(b) to  recommend  to  the  Government  recognition  of  new

paramedical qualifications under  sub-section (3) of  section 20  ;

(c) to  hear  and  decide  appeals  from  any  of  the  decision  of  the
Registrar,  in  such  manner  as  may  be  determined  by  regulations  ;

(d) to  frame  a  Code  of  Ethics  for  regulating  the  professional

conduct  of  registered    paramedical  practitioners  ;

(e) to  reprimand  a  registered paramedical  practitioner,  or  to
suspend  or  remove  him  from  the  State  Register,  or  to  take  such
other disciplinary action against him as may, in the opinion of the
Council,  be  necessary  or  expedient  ;

(f) to permit any member to absent himself from three consecutive

meetings  of  the  Council  ;

(g) to  promote  innovations,  research  and  development  in
establishment of new and existing paramedical and related subjects ;

(h) to promote an effective link between paramedical education,
medical education, Ayurvedic, Unani and Homoeopathic Systems of
medicine ;

(i) to conduct the election of members under clause (vii) of sub-

section  (1)  of  section  4 ;  and

(j) to  perform  such  other  functions  as  may  be  prescribed.

CHAPTER V

RECOGNITION OF PARAMEDICAL QUALIFICATIONS.

102
o f
1956.

102
o f
1956.

20.

(1) The paramedical qualifications granted by the Indian Medical
Institutions  which  are  included  in  the  First  Schedule  to  the  Indian
Medical  Council  Act,  1956,  shall  be  deemed  to  be  the  recognized
paramedical  qualifications for  the purposes  of this  Act.

(2) The paramedical qualifications granted by medical institutions
outside India which are included in the Second Schedule to the Indian
Medical  Council  Act,  1956,  shall  be  deemed  to  be  the  recognized
paramedical  qualifications for  the purposes  of this  Act.

(3)  The  Government  may,  after  consultation  with  the  Council,
recognize  any  paramedical  qualification  for  the  purposes  of  this  Act.

(4) Where the Council has refused to recommend any paramedical
qualification which has been proposed for recognition,  the Government
after considering such application and after obtaining from the Council
a  report,  if  any,  as  to  the  reasons  for  any  such  refusal,  may,  by
notification  in  the Official  Gazette,  amend  the  Schedule    so  as  to
include such qualification therein.

Recognition
o f
paramedical
qualifications
granted  by
Universities
or
paramedical
institutions
in  India
and  in
countries
with  which
there  is
scheme  of
reciprocity.

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Registrar
and  other
employees
of  the
Council.

Duties  of
Registrar.

CHAPTER VI
REGISTRAR AND OTHER EMPLOYEES OF THE COUNCIL.

21.

(1) The  Council  shall,  with  the  prior  approval  of  the
Government,  appoint  a  Registrar  who  shall  act  as  the    Secretary  of
the  Council.

(2) The Council shall, from time to time, appoint such  other officers
and  employees  as  it  deems  necessary  for  carrying  out  its  duties  and
performing  its  functions  under  this  Act.

(3)  The qualifications,  salaries, allowances  and  other conditions  of
service  of  the  Registrar  and  of  other  officers  and  employees  shall  be
such  as    may  be  prescribed.

(4) The Registrar and any other officer or employees appointed by
the Council under this section shall be deemed to be a public servant
within  the  meaning  of  section  21  of  the  Indian  Penal  Code,  1860.

22.

(1) It shall be the duty of the Registrar to prepare and maintain
the  State  Register  in  accordance  with  the  provisions  of  this  Act  and
any  order made  by the  Council, from  time to  time, and  to revise  the
State Register and to publish the order in the Official Gazette, in such
manner  as  may  be  determined  by  regulations.

(2) The Registrar shall perform the duties and discharge such other
functions as may be specified under this Act or as may be prescribed.
(3) The Registrar shall ensure that the State Register is correct at
all  times  and  may,  from  time  to  time,  enter  therein  any  material
alteration in respect of the address and qualifications of the registered
paramedical practitioners.

(4) The Registrar shall remove from the State Register, the names
of  the  registered  paramedical  practitioners  who  die  or  whose  names
are  directed  to  be  removed  from  the  State  Register  or  who  cease  to
be  the    registered  paramedical  practitioners.

(5)  On  receipt  of  intimation  from  the  registered  paramedical
practitioner,  if  the  Council  is  satisfied  that  the  practitioner  has  not
ceased to practice, then the Council may direct the Registrar to restore
the name of such practitioner in the State Register and the Registrar
shall  comply  with  such  direction.

45  of
1860.

CHAPTER VII
FUND OF COUNCIL.

Fund  of
Council.

23.
Fund.

(1) The Council shall establish a fund to be called the Council

(2) The  following  shall  form  part  of,  or  be  paid  into,  the  Council

Fund,—

(a) any  contribution  or  grant  by  Central  or  State  Government;
(b) all  income  of  the  Council  from  all  sources  including  income

from  fees  and  fines  ;

¨É½þÉ®úÉ¹]Åõ ¶ÉÉºÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, VÉÉxÉä´ÉÉ®úÒ 30, 2016/¨ÉÉPÉ 10, ¶ÉEäò 1937

9

(c) all  donations,  endowments  income  or  moneys  from  other

grants,  if  any  ;

(d) all  other  sums  received  by  the  Council.

24. The  Council  Fund  shall  be  applied    to  the  following  objects,

namely:—

(a) repayments of debts incurred by the Council for the purposes

of  this  Act  ;

(b) expenses of any suit or legal proceedings to which the Council

is  a  party  ;

(c) payment  of  salaries  and  allowances  to  the  officers  and

employees  of  the  Council  ;

(d) payment of travelling and other allowances to the members

of  the  Council  ;

(e) payment  of  any  expenses  incurred  by  the  Council  in
implementation  of  the  provisions  of  this  Act  and  the  rules  and
regulations  made  thereunder.

Objects  to
which  fund
of  Council
shall  be
applied.

25.

(1) The  accounts  of  the  Council  shall  be  audited  before  such
date and at such intervals and in such manner, as may be prescribed.

Accounts
and  audit.

(2)  The  accounts  of  the  Council  shall  be  audited  by  the  registered

Chartered  Accountant.    The  audit  fee  of  the  Chartered  Accountant
shall  be  determined    by  the  regulations.

CHAPTER VIII

REGISTRATION AND STATE REGISTER.

26. (1) As soon as may be, after the commencement of this Act, the
Registrar shall prepare and maintain a State  Register of paramedical
practitioners  for the State, in accordance with the provisions of  this
Act.

Registration
and  State
Register.

(2) Every person who possesses any of the recognized paramedical
qualifications, specified in the Schedule and who desires to practice as
paramedical  practitioner  shall,  on  making  such  application  to  the
Registrar alongwith the proof of such qualification and on payment of
such  fee  as  may  be  prescribed, be  entitled  to  have  his  name  entered
in  the  State  Register.    Such    registration  shall  be  valid  for  a  period
of five years  and it shall be  incumbent duty of the  registered person
to  get  his  registration  renewed  in  the  manner  determined  by  the
regulations.

(3) The Council shall cause to be maintained the State Register of
the paramedical practitioners in such form as may be determined by
regulations.

1  of
1872.

(4) The  State  Register  shall  be  deemed  to  be  a  public  document

within  the  meaning  of  the  Indian  Evidence  Act,  1872.

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Power  of
Council  to
prohibit
entry  and
removal  of
name  from
State
Register.

27.    The  Council  may,  upon  a  reference  from  the  Registrar  or
otherwise, by order, prohibit the entry in or, order the removal from
the  State  Register,  the  name  of  any  person,–

(a)  who  has  been  convicted  by  a  criminal  court  for  an  offence

which  involves  moral  turpitude  ;  or

(b) whose conduct,  in the opinion of the Council,  is infamous in
relation  to  the  profession,  particularly  under  any  Code  of  Ethics
framed  by  the  Council  :
Provided that, no order shall be passed under this section without
giving a reasonable opportunity of being heard to the person concerned.

Alteration
of  State
Register.

28.

(1) The  Council  may,  after  giving  the  person  concerned  a
reasonable opportunity of being heard and enquiring into his objections,
if any, order that any entry in the State Register which, in the opinion
of the Council, has been fraudulently or incorrectly made or brought
about,  be  cancelled  or  amended.

(2) The  Council  may  direct  the  removal  forever,  or  for  a  specified
period from the State Register, the name of any registered paramedical
practitioner  for  the  same  reason  for  which  registration  may  be
prohibited  by  the  Council  under  section  27.

(3) The  Council  may  direct  that  the  name  removed  under  sub-
section (2) shall be restored, subject to such conditions, if any, which
the  Council  may  deem  fit  to  impose.

Procedure
in  inquiries.

29.  (1)  In  holding  of  any  inquiry  under  this  section,  the  Council
shall have the powers as vested in Civil Courts under the Code of Civil
Procedure, 1908, when trying a suit in respect of the following matters,
namely:—

5  of
1908.

(a) enforcing the attendance of any person and examining him on

oath;

(b)  compelling  the  production  of  documents;
(c)  issuing  of  commissions  for  the  examination  of  witnesses.
(2) All inquiries under this section shall be deemed to be the judicial
proceedings  within  the  meaning  of  sections  193,  219  and  228  of  the
Indian Penal Code, 1860.

(3) For the purpose of advising the Council on any question of law
arising in any inquiry under this section, there may in all such inquiries
be  an  assessor,  who  has  been  for  not  less  than  ten  years,—

(i)  an  Advocate  enrolled  under  the  Advocates  Act,  1961;  or
(ii)  an  Attorney  of  a  High  Court.

Explanation.—For  the  purposes  of  this  clause,  in  computing  the
period during which a person has been enrolled as an Advocate, there
shall be included any period during which he has been enrolled as an
Advocate under the Indian  Bar Councils Act, 1926.

45  of
1860.

25  of
1961.

38  of
1926.

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11

(4) Where  an assessor  advises the  Council  on any  question of  law
as  to  evidence,  procedure  or  any  other  matter,  he  shall  do  so  in  the
presence of every party or person representing the party, to the inquiry
who appears thereat or, if the evidence is tendered after the Council
has begun to deliberate as to its findings, every such party or person
as aforesaid shall be informed what advice the assessor has tendered.
Such party or person shall also be informed if in any case the Council
does  not  accept  the  advice  of  the  assessor  on  any  such  question,  as
aforesaid.

(5) Any  assessor  under  this  section  may  be  appointed  either
generally, or for any particular inquiry or class of inquiries, and shall
be  paid  such  remuneration  as  may  be  determined  by  regulations.

30. Any person,—

(a)  whose  application  for  enrollment  in  the  State    Register  is

rejected  under  section  26  or  28;

(b) whose entry in the State Register is prohibited under section

27;  or

(c)  whose  name,  from  the  State  Register  is  removed,

may, within ninety days of order of rejection, prohibition or removal,
as the case may be,  appeal to the Government in such manner as may
be prescribed and the decision of the Government thereon shall be final.

Appeal
against
order  of
Council.

CHAPTER IX
OFFENCES AND PENALTIES.

31.

(1) No person other than a registered paramedical practitioner
whose name is entered in the State Register prepared and maintained
under  this  Act  shall  practice  as  a  paramedical  practitioner.

(2) Any  person  who  contravenes  the  provisions  of  sub-section  (1)

Prohibition
of  practice
except  as
provided  in
this  Act.

shall  on  conviction,  be  punished,—

(a) for the first offence, with imprisonment for a term which may
extend to three years and with fine which shall not be less than five
thousand rupees but which may extend to ten thousand rupees; and
(b) for a second or subsequent  offence, with imprisonment for a
term  which  may  extend  to  ten  years  and  with  fine  which  may
extend  to  twenty-five  thousand  rupees.
(3)  All  offences  under  sub-section  (2)  shall  be  cognizable  and  non-

bailable.

32.

If any person not being a registered paramedical practitioner
takes or uses the description of paramedical practitioner or consultant
or is not possessing a recognized paramedical qualification, or uses a
degree  or  a  diploma,  or  an  abbreviation  indicating  or  implying  such
paramedical qualification, shall, on conviction, be punished,—

(a) for  the  first  offence,  with  fine  which  may  extend  to  five

Misuse  of
title.

thousand rupees; and

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Failure  to
surrender
certificate
o f
registration.

Penalty  for
dishonest
use  of
certificate.

(b) for a subsequent offence, with imprisonment which may extend
to one year or with fine which may extend to ten thousand rupees,
or  with  both.

33.

If  any  person  whose  name  has  been  removed  from  the  State
Register  fails,  without  sufficient  cause,  forthwith  to  surrender  his
certificate  of  registration  or  renewed  certificate  of  registration,  or
both, he shall, on conviction, be punished with fine which may extend
to  five  hundred  rupees  per  month  of  such  failure.

34. Any person who,—

(a) dishonestly makes use of any certificate of registration granted

under  this  Act;  or

(b)  procures  or  attempts  to  procure  registration  under  the
provisions  of  this  Act  by  making  or  producing,  or  causing  to  be
made or produced any false or fraudulent declaration, certificate or
representation,  whether  in  writing  or  otherwise;  or

(c) willfully makes or causes to be made any false representation
in  any  manner  relating  to  the  certificate  of  registration  issued
under  the  provisions  of  this  Act,
shall,  on  conviction,  be  punished  with  imprisonment  which  may
extend to six months or with fine which may extend to twenty thousand
rupees,  or  with  both.

CHAPTER X

MISCELLANEOUS.

Cognizance
of  offences.

35.  (1)  No  court  shall  take  cognizance  of  an  offence  punishable
under  this  Act,  except  upon  a  complaint,  in  writing,  made  by  the
Registrar or any other officer authorized by the Council in this behalf,
by  general  or  special  order.

(2)  No  court  lower  to  that  of  a  Judicial Magistrate  of First Class

shall  try  any  offence  punishable  under  this  Act.

Information
furnished
by  Council.

36.  The Council shall forward such reports, copies of its minutes,
abstracts of its accounts and other information to the Government, as
the  Government  may  require.

Power  to
amend
Schedule.

37. If it appears to the Government, on the reports of the Council
or  otherwise,  that  any  paramedical  subject  is  not  specified  or  any
paramedical  subject  needs  to  be  deleted  or  needs  some  modification,
the  Government  may,  by  notification  in  the Official  Gazette,  amend
the Schedule so as to include therein such subject not already specified
therein or omit therefrom any subject or modify the description of any
subject.

Control  by
Government.

38.

(1) If at any time, it appears to the Government that the Council
or its President or Vice-President has failed to exercise or has exceeded
or misused any of the powers conferred upon it or him by or under this

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13

Act, or has ceased to perform any of the duties imposed upon it or him
by or under this Act, the Government may, if it considers such failure,
excess,  misuse  or  incapacity  to  be  of  a  serious  nature,  notify  the
particulars thereof to the Council or the President or the Vice-President,
as  the  case  may  be.  If  the  Council  or  the  President  or  the  Vice-
President  fails  to  remedy  such  failure,  excess,  misuse  or  incapacity
within such reasonable time as the State Government may fix in this
behalf, the Government may remove the President, Vice-President or
dissolve  the  Council.

(2) Upon  the  dissolution  of  the  Council,—

(a)  all  the  members  of  the  Council  shall,  notwithstanding  that
their  term  of  office  had  not  expired  on  the  date  of  dissolution,
vacate  their  offices  ;

(b)  all  the  powers  and  duties  of  the  Council  which  may,  by  or
under the provisions of this Act, be exercised and performed by or
on behalf of the Council shall be exercised and performed by such
person or group of persons as the Government may direct, for such
period not exceeding two years as it may think fit.  The Government
shall take steps  to constitute a new Council in the manner provided ;
(c)  all  the  properties  vested  in  the  Council  shall,  during  the

period  of  dissolution,  vest  in  the  Government.

39.  No suit, prosecution or other legal proceeding shall lie against
the  Government,  Council,  President,  Vice-President,  member  or  any
officer  or  other  employee  of  the  Council  or  of  the  Government    for
anything which is done or intended to be done in good faith under this
Act.

Protection
of  action
taken  in
good  faith.

Power  to
make  rules.

40.

(1) The State Government may, by notification in the Official
Gazette, and  subject  to  the  condition  of  previous  publication,  make
rules  to  carry  out  the  purposes  of  this  Act.  Such  rules  may  be  made
to provide for all or any of the matters expressly required or allowed
by  this  Act  to  be  prescribed  by  rules.

(2) Every rule made under this Act shall be laid, as soon as may be,
after it is  made, before each House  of the State Legislature,  while it
is in session for a total period of thirty days, which may be comprised
in one session or in two or more successive sessions, and if, before the
expiry of the session in which it is so laid or the session immediately
following,  both  Houses  agree  in  making  any  modification  in  rule  or
both Houses agree that the rule should not be made, and notify their
decision to that effect in the Official  Gazette, the rule shall  from the
date of publication of such decision in the Official Gazette, have effect
only in such modified form or be of no effect, as the case may be; so,
however,  that  any  such  modification  or  annulment  shall  be  without
prejudice to the validity of anything previously done or omitted to be
done  under  that  rule.

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Power  to
make
regulations.

41.

(1) The  Council  may,  with  the  previous  sanction  of  the
Government make regulations not  inconsistent with the provisions of
this Act and the rules made thereunder, for enabling it to perform its
functions under this Act and generally to carry out the purposes of the
Act, by  notification in  the Official  Gazette.

(2) In  particular  and  without  prejudice  to  the  generality  of  the
foregoing  power,  such  regulations  may  provide  for  all  or  any  of  the
following  matters,  namely:—

(a) the  management  of  the  property  of  the  Council  and  the

maintenance  and  audit  of  its  account;

(b)  the  resignation  by  nominated  or  elected  members  of  the

Council;

(c)  the  powers  and  duties  of  the  President  and  Vice-President;

(d) the mode of appointment of committees, the summoning and
holding of meetings and the conduct of business of such committees;

(e) (i) the manner to hear and decide appeals from the decision

of  the  Registrar  under  clause  (c)  of  sub-section  (2)  of  section  19;

   (ii) the Code of Ethics for regulating the professional conduct

under  clause  (d)  of  sub-section  (2)  of  section  19;

(f) the manner of revision of the State Register under sub-section

(1)  of  section  22;

(g) the manner of renewal of registration under sub-section (2) of

section  26;

(h)  any  other  matter  for  which  provisions  may  be  made  by

regulations.

(3)  The  Government,  on  receiving  regulations  for  sanction,  may
sanction  them  subject  to  such  modification  as  it  may  think  fit  or
return  them  to  the  Council  for  reconsideration.

(4)  The  Government  may,  by  notification  rescind  or  modify  any
regulation  made  under  this  section  and  thereupon,  the  regulation
shall  cease  to  have  effect  or  be  modified  accordingly.

Power  to
remove
difficulties.

42.

(1) If any difficulty arises in giving effect to the provisions of
this  Act,  the  Government  may,  as  occasion  arises,  by  an  order,
published  in  the Official  Gazette,  do  anything,  not  inconsistent  with
the  provisions  of  this  Act,  which  appears  to  it  to  be  necessary  or
expedient  for  the  purposes  of  removing  the  difficulty:

Provided  that,  no  such  order  shall  be  made  after  the  expiry  of  a

period  of  two  years  from  the  date  of  commencement  of  this  Act.

(2) Every order made under sub-section (1) shall be laid, as soon as
may be, after it is made, before each House of the State Legislature.

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15

Schedule

[ See  sections  20(4),  26  (2)  and  37  ]

Sr. No.
(1)

Name  of  Course
(2)

1. B.P.M.T.  ... Bachelor of Paramedical

Technology—

2. B.P.M.T.  ... Bachelor of Paramedical

Technology—

3. B.P.M.T.  ... Bachelor of Paramedical

Technology—

4. B.P.M.T.  ... Bachelor of Paramedical

Technology—

5. B.P.M.T.  ... Bachelor of Paramedical

Technology—

6. B.P.M.T.  ... Bachelor of Paramedical

Technology—

(Laboratory
Technician).

(Radiographic
Technician).

(Radiotherapy
Technician).

(Cardiology
Technician).

(Neurology
Technician).

(Blood Transfusion
Technician).

7. B.P.M.T.  ... Bachelor of Paramedical

Technology—

8. B.P.M.T.  ... Bachelor of Paramedical

Technology—

9. B.P.M.T.  ... Bachelor of Paramedical

Technology—

(Optometry
Technician).

(Plaster
Technician).

(Anaesthesia
Technician).

10. B.P.M.T.  ... Bachelor of Paramedical

(Perfusionist).

Technology—

11. B.P.M.T.  ... Bachelor of Paramedical

Technology—

12. B.P.M.T.  ... Bachelor of Paramedical

Technology—

(Operation Theatre
Technician).

(Medical
Transcription).

13. B.P.M.T.  ... Bachelor of Paramedical

(Cyto-Technician).

Technology—

14. B.P.M.T.  ... Bachelor of Paramedical

Technology—

15. B.P.M.T.  ... Bachelor of Paramedical

Technology—

(Histopathology
Technician).

(Transfusion Medicine
Technician).

16. B.P.M.T.  ... Bachelor of Paramedical

Technology—

17. B.P.M.T.  ... Bachelor of Paramedical

Technology—

(Clinical
Psychologist).

(Endoscopy
Technician).

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Schedule—(Concld.)

(1)

(2)

18. B.P.M.T.  ... Bachelor of Paramedical

(Community Medicine).

Technology—

19. B.P.M.T.  ... Bachelor of Paramedical

(Health Inspector).

Technology—

20. B.P.M.T.  ... Bachelor of Paramedical

(Emergency).

Technology—

21. B.P.M.T.  ... Bachelor of Paramedical

(Forensic  Science).

Technology—

22. Diploma  in  Courses  referred  to  in  entries  at  Sr.  Nos.  1  to

21 above.

ON  BEHALF  OF  GOVERNMENT  PRINTING,  STATIONERY  AND  PUBLICATION,  PRINTED  AND  PUBLISHED  BY  SHRI  PARSHURAM
JAGANNATH GOSAVI, PRINTED AT GOVERNMENT CENTRAL PRESS, 21-A, NETAJI SUBHASH ROAD, CHARNI ROAD, MUMBAI 400 004
AND PUBLISHED AT DIRECTORATE OF GOVERNMENT PRINTING, STATIONERY AND PUBLICATION, 21-A, NETAJI SUBHASH ROAD,
CHARNI  ROAD,  MUMBAI  400  004,  EDITOR :  SHRI  PARSHURAM  JAGANNATH  GOSAVI.

